Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Sex Discrimination”

Here’s more on that Google-OFCCP donnybrook*

Posted in Affirmative Action, Discrimination, Equal Pay
*Donnybrook: Named for the Donnybrook Fair near Dublin, “a notoriously disorderly event, held annually from 1204 until the middle of the 19th century.” Meaning a “free-for-all; brawl; a usually public quarrel or dispute.” I promised earlier this month to have more detail about that decision by an Administrative Law Judge in the case filed against… Continue Reading

The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision

Posted in Discrimination, Sexual Orientation
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent… Continue Reading

Will President-Elect Trump take some pressure off federal contractors?

Posted in Affirmative Action
For the past eight years, as President Obama was unable to push much of his legislative agenda through Congress, federal contractors have faced an onslaught of increasing regulatory burdens and an aggressive enforcement agency. Will the positions of the Office of Federal Contract Compliance Programs soften under a Trump Administration? Here are my predictions. Fair… Continue Reading

ConstangyTV is on the air!

Posted in Affirmative Action, Constangy News, ConstangyTV, Discrimination, Equal Pay, Gender Identity Discrimination, Pregnancy, Sexual Orientation
I am delighted to announce the launch of ConstangyTV’s Close-Up on Workplace Law, a new video series on labor and employment law issues. We’ll be offering these videos on a monthly basis, in addition to our newsletters and blog posts. Our debut is about the evolving definition of sex discrimination under federal law. Host Leigh Tyson, a… Continue Reading

3, 2, 1, blastoff! OFCCP Final Rule on sex discrimination is about to take effect

Posted in Affirmative Action, Discrimination, Gender Identity Discrimination, Harassment, Pregnancy
The OFCCP’s Final Rule on sex discrimination will take effect August 15. Are you ready? On June 14, the Office of Federal Contract Compliance Programs issued its Final Rule on sex discrimination. These new substantive regulations align with the latest legal developments and interpretations by the Equal Employment Opportunity Commission. Cara Crotty, the head of… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

Vindicated, and it feels so good . . .

Posted in Discrimination, Equal Pay
The Washington Post “Fact Checker” column gave Two Pinocchios last week to the “79-cent pay gap factoid.” That’s the factoid that says women make only 79 cents for every dollar that men make. Debunking that dubious statistic has been my life’s work. And “factoid” was the Post‘s word, not mine! I am not just a blogger. I am… Continue Reading

N.C. “bathroom bill” has a bomb for wrongful discharge plaintiffs

Posted in Discrimination, Employment at Will, Gender Identity Discrimination
Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal “bathroom” ordinance. (More on that in a sec.) But included in the bill is a provision that eliminates the wrongful discharge/public policy cause… Continue Reading

Female lawyers, Republican bosses, and kitchens: The Sequel

Posted in Discrimination, Lawyers!
I have to admit, I was afraid that I might need to go into hiding after I expressed doubts last week about that study claiming that female lawyers don’t do well when their bosses are male Republicans. But the reader feedback has been positive, with the possible exception of an ambiguous comment on LinkedIn (more on that below): From Commenter Oaktown… Continue Reading

Female lawyer with Republican boss? Go back to the kitchen!

Posted in Corporate Culture, Discrimination, Lawyers!, Work-Life Balance
I don’t know what to make of the study, conducted by business professors from the University of Michigan and Temple University, that purports to find a negative correlation between political conservatism among some law firm partners and the advancement of the careers of female attorneys in reporting to those same partners. To put that in plainer English:… Continue Reading

5 things I don’t like about the EEOC’s “pay survey” proposal

Posted in Discrimination, Equal Pay
You have no doubt heard that the Equal Employment Opportunity Commission proposes to require employers with 100 or more employees to start submitting compensation data with their annual EEO-1 reports. The proposal was announced by President Obama in a White House ceremony last week celebrating the seventh anniversary of the Lilly Ledbetter Fair Pay Act.… Continue Reading

Unequal pay causes mental illness? Let’s not jump to conclusions.

Posted in Discrimination, Equal Pay
Did you know that unequal pay causes depression and anxiety? Neither do I. A recent study has received a lot of publicity after it found a correlation between relatively low pay and rates of clinical depression and anxiety disorders among those who were lower paid. Guess what? The lower-paid, depressed/anxious people turned out to be predominantly… Continue Reading

Be thankful you’re not an employment law turkey

Posted in Discrimination, Harassment, Pregnancy, Retaliation, Social media, Work-Life Balance
Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments. I’m thankful that I’m not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he’s… Continue Reading

Straight from the source: EEOC’s 10 hottest litigation trends

Posted in Americans with Disabilities Act, Background Checks, Class actions, Discrimination, Harassment, Pregnancy, Retaliation, Settlements, Telecommuting
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez – who… Continue Reading

What’s your two cents? Employment law in the news

Posted in Discrimination, Lawyers!, Social media
I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before I left. With apologies to John Oliver, let’s just call it “Last Week Today.” (Hey! I’m on vacation!) Feel free to debate and… Continue Reading

Women aren’t lead counsel as often as men – it’s gotta be bias!

Posted in Discrimination, Lawyers!
“I like it when the judge calls me ‘honey’ – that means he’s going to grant my motion.” — Quote from real female attorney I know, circa 1990. Does the court system discriminate against women lawyers? Could be!!!! Anyway, that’s what a couple of women litigators assume, based on their study showing that men were lead counsel in… Continue Reading

Sex stereotyping, sexual orientation discrimination, and federal law – crazy-mixed-up right now

Posted in Discrimination, ENDA, Harassment
The Employment Non-Discrimination Act is dead again. Is there any federal law on same-sex harassment or discrimination? If so, what is it? Here are some scenarios that may be helpful in picking through this crazy extremely complex and rapidly transitioning area of the law. (Answers are provided after Scenario 6, below.) The American Bar Association… Continue Reading